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HomeMy WebLinkAboutAGMT - California Dept. of Transportation (405 SBB Off-Ramp) • • 12-ORA-405 KP 36.4 Ramp and Ramp Termini Intersection Improvement At Seal Beach Boulevard 12208-098201 District Agreement No. 12-505A1 AMENDMENT TO AGREEMENT This AGREEMENT, ENTERED INTO EFFECTIVE ON DECEMBER 31 , 2007, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE, and CITY OF SEAL BEACH A body politic and a municipal Corporation of the State of California, referred to herein as "CITY". • • District Agreement No. 12-505A1 RECITALS 1. The parties hereto entered into an Agreement (District Agreement No. 12-505) on June 13, 2005, said Agreement defining the terms and conditions of a project to widen the Northbound and Southbound I-405 Seal Beach Boulevard off-ramps to provide additional lane, and to widen ramp termini intersections to provide additional movements, referred to herein as "PROJECT". 2. It has been determined that PROJECT will not be constructed prior to the termination date of said Agreement. IT IS THEREFORE MUTUALLY AGREED: 1. The termination date specified in Section III, Article 25 of the original Agreement shall now be December 31, 2010 instead of December 31, 2007. 2. The other terms and conditions of said Agreement (District Agreement No. 12-505) shall remain in full force and effect. 3. This Amendment to Agreement is hereby deemed to be part of District Agreement No. 12- 505. • • • District Agreement No. 12-505A1 STATE OF CALIFORNIA CITY OF SEAL BEACH DEPARTMENT OF TRANSPORTATION COUNTY OF ORANGE WILL KEMPTON Director of Transportation By: CITY MANAGER By: Attest: //i ,. A ice. JIM BEIL Deputy D. t ct Director City Clerk Capital • ay Program Approve as to f914Ind • ocedure: Approved as to for and procedure: Attorney ' A4 ney Department of Transportation Certifi-• as '. availa I le fu ds: �l ( I ./.z� � Distr't Budget Manager Q �( Y ■ d c 'J1Jp-�p..ri Ni Riroft • • RESOLUTION NUMBER 5657 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE CITY MANAGER TO EXECUTE \ To AMENDED CALTRANS COOPERATIVE AGREEMENT No. 12- t .: U 505A FOR THE SEAL BEACH BOULEVARD BRIDGE APPROACH 2 ----en WIDENING AT THE 405 FREEWAY (FROM DECEMBER 31, 2007 g° TO DECEMBER 31,2010) m • WHEREAS. the City of Seal Beach intends to improve the two intersections on Seal Beach Boulevard for the on/off ramps to the 405 freeway,and 0 . WHEREAS, the improvements will provide a improved level of service and eliminate 2 c 2' some of the existing congestion,and ' Q WHEREAS, the said intersections are within Caltrans'right-of-way,and 9g \ § $ se � � 8 WHEREAS, on May 2003, City of Seal Beach received Caltrans' approval to improve 44 V. 8• said intersections,and WHEREAS, on June 13,2005 Seal Beach City Council adopted Resolution No. 5345 to ,•/,-e Wt execute Cooperative Agreement No. 12-505 with Caltrans to allow Seal Beach to improve said intersections,and y z. WHEREAS, the City received a letter dated December 17, 2007 from Caltrans informing the City Cooperative Agreement 12-505 will expire on December 31,2007 and l 41n(.12....9 request the City to amend the existing agreement to extend the from December 31,2007 to December 31,2010,and WHEREAS, staff has reviewed and approved the Amended Cooperative Agreement No. 12-505A and request Council's approval,and NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The City Council of the City of Seal Beach hereby authorizes and directs the City Manager to execute Cooperative Agreement No. 12-505A. PASSED,APPROVED,AND ADOPTED by the City Council of the City of Seal Beach on the 14th day of January,2008 by the following vote: I AYES: Council Members . lie ,'kJ • I 'V , I� <A NOES: Council Members 9.r), ABSENT: Council Members CA/(.akY1 Ma or ATTEST: - '�F 17:77', 7- ✓ii \ City Clerk 4s � `i_ STATE OF CALIFORNIA } '�S C�°9 �0' COUNTY OF ORANGE ) SS '.,F A7719 ��" CITY OF SEAL BEACH j \'CP,l/NTV GPI'' I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5657 on file in the office of the City Clerk,passed,approved,and adopted by the City Council of the City of Seal Beach,at a regular meeting thereof held on the 14th day of January ,2008. City dlerk J ,t 12 -ORA -405 KP 36.4 Ramp and Ramp Termini Intersection Improvement At Seal Beach Boulevard 12208- 098201 District Agreement No. 12 -505 COOPERATIVE AGREEMENT This AGREEMENT, ENTERED INTO EFFECTIVE ON / //3 , 2005, is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as STATE, and CITY OF SEAL BEACH A body politic and a municipal Corporation of the State of California, referred to herein as "CITY ". District Agreement No12 -505 RECITALS 1. STATE and CITY, pursuant to Streets and Highways Code Section 130, are authorized to enter into a Cooperative Agreement for improvements to State highways within the City of Seal Beach, County of Orange. 2. CITY desires to construct State highway improvements consisting of widening the Northbound and Southbound I-405 Seal Beach Boulevard off -ramps to provide additional lane, and to widen ramp termini intersections to provide additional movements, referred to herein as "PROJECT ", and is willing to fund one hundred percent (100%) of all capital outlay and staffing costs, except that costs of STATE' s quality assurance of construction activities will be borne by STATE. 3. CITY desires to prepare the contract documents and advertise, award, and administer the construction contract for PROJECT in order to bring about the earliest possible completion of PROJECT. 4. STATE is agreeable to CITY's proposal to prepare the contract documents and advertise, award, and administer the construction contract for PROJECT. 5. The parties hereto intend to define herein the terms and conditions under which PROJECT is to be constructed, financed, and maintained. 6. Project development responsibilities for PROJECT were covered in a prior Cooperative Agreement executed by STATE and CITY on February 23, 2004 (District Agreement No. _ 12 -376, Document No. 015779). SECTION I CITY AGREES: 1. To advertise, award, and administer the construction contract for PROJECT in accordance with requirements of the State Contract Act and the California Labor Code, including its prevailing wage provisions. Workers employed in the performance of work contracted for by CITY, and/or performed under e ncroachment p ermit, a re covered by provisions of the Labor Code in the same manner as are workers employed by STATE's contractors. CITY shall obtain applicable wage rates from the State Department of Industrial Relations and shall adhere to the applicable provisions of the State Labor Code. Violations shall be reported to the State Department of Industrial Relations. 2. To apply for necessary encroachment permits for required work within the State highway right of way, in accordance with STATE' s standard permit procedures, as more specifically defined in Articles 2, 3, 4, 5, and 6 of Section III of this Agreement. 2 • • • District Agreement No12 -505 3. In recognition that construction work for PROJECT done on STATE's property will not be directly funded and paid by STATE, for the purpose of protecting stop notice claimants and the interests of STATE relative to the successful completion of PROJECT, CITY agrees to require the construction contractor to furnish both a payment and performance bond, naming CITY as obligee with both bonds complying with the requirements set forth in Section 3- 1.02 of STATE's current Standard Specifications prior to performing any construction work for PROJECT. CITY shall defend, indemnify, and hold harmless STATE and all its officers and employees from all claims by stop notice claimants related to the construction of PROJECT under the payment bond. 4. To construct PROJECT in accordance with plans and specifications of CITY to the satisfaction of and subject to the approval of STATE. 5. Contract Administration procedures shall conform to the requirements set forth in STATE' s Construction Manual, Local Assistance Procedures Manual, and in the encroachment permit for the construction of PROJECT. 6. Construction within the existing or ultimate State highway right of way shall comply with the requirements in STATE's Standard Specifications and the Special Provisions for PROJECT, and in conformance with methods and practices specified in STATE's Construction Manual. 7. If CITY uses own staff or hires another entity to perform surveys, all survey work shall conform to the methods, procedures, and requirements of STATE's Surveys Manual and STATE's Staking Information Booklet. 8. Material testing and quality control shall conform to STATE' s Construction Manual and STATE' s Material Testing Manual, and shall be performed, at CITY' s expense, by a certified material- tester acceptable to STATE. Independent assurance testing, specialty testing, and off -site source inspection and testing shall be performed by STATE, at no cost to CITY except as noted herein. CITY shall reimburse STATE for any additional travel expenses incurred by STATE for off -site inspection and testing performed by STATE which is more than 300 airline miles from both Sacramento and Los Angeles. Approval of the type of asphalt and concrete plants shall be by STATE, at STATE's expense. 9. To furnish, at CITY's expense and subject to the approval of STATE, a field site representative who is a licensed Civil Engineer in the State of California, to perform the functions of a Resident Engineer. If the plans and specifications for PROJECT were prepared by a private engineering company, the Resident Engineer shall not be an employee of that company. The Resident Engineer shall also be independent of the construction contractor. 10. To pay one hundred percent (100%) of the actual costs of construction required for satisfactory completion of PROJECT, including changes pursuant to contract change orders concurred with by STATE's representative and any material furnished by STATE. 3 District Agreement No12 -505 11. At CITY' s expense, to furnish qualified support staff, subject to the approval of STATE, to assist the Resident Engineer in, but not limited to, construction surveys, soils and foundation tests, measurement and computation of quantities, testing of construction materials, checking shop drawings, preparation of estimates and reports, preparation of "As- Built" drawings, and other inspection and staff services necessary to assure that the construction is being performed in accordance with the plans and specifications. Said qualified support staff shall be independent of the design engineering company and construction contractor, except that the designer of PROJECT may check the shop drawings, do soils foundation tests, test construction materials, and do construction surveys. 12. To make progress payments to the contractor and pay all costs for required staff services as described in Articles 9 and 11 of this Section I. STATE's representative shall review all contract progress pay schedules. STATE does not assume responsibility for accuracy of itemization on progress pay schedules. 13. Within sixty (60) days following the completion and acceptance of the construction contract for PROJECT, to furnish STATE with a complete set of acceptable full -sized film positive reproducible "As- Built" plans and all contract records, including survey documents, Records of Surveys, and microfilm copy of all structure plans. 14. Upon completion of work under this Agreement, CITY will assume maintenance and the expense thereof for any part of PROJECT located outside of the current State highway right of way until acceptance of any such part of PROJECT into the State highway system by STATE, approval by the Federal Highway Administration, if required, and conveyance of acceptable title to STATE. 15. If CITY terminates PROJECT prior to completion of the construction contract for PROJECT, STATE may require CITY, at CITY's expense, to return the right of way to its original condition or to a condition of acceptable permanent operation. If CITY fails to do so, STATE reserves the right to finish PROJECT or place PROJECT in a condition of satisfactory permanent operation. STATE will bill CITY for all actual expenses incurred and CITY agrees to pay said expenses within thirty (30) days or STATE, acting through the State Controller, may withhold an equal amount from future apportionments due CITY from the Highway User Tax Fund. 16. If cultural, archaeological, paleontological or other protected materials are encountered during construction of PROJECT, CITY shall stop work in that area until a qualified professional can evaluate the nature and significance of the find and a plan is approved for the removal or protection of that material. The costs for any removal or protection of that material shall be covered as a cost of PROJECT contemplated by this Agreement. STATE will be notified of such find so that qualified STATE personnel would assist in evaluating the material. 17. STATE' s quality assurance activities referred to in Article 2 of Section II of this Agreement does not include performance of any engineering services required for PROJECT. These services are to be performed by CITY. If CITY requests STATE to perform any of these services, CITY shall reimburse STATE for such services. An amendment to this Agreement authorizing STATE's performance of such services will be required prior to performance of any engineering work by STATE. 4 • District Agreement No12 -505 18. CITY will adhere to all applicable water quality regulations and /or permit requirements of the State Water Resources Control Board (SWRCB) and the Santa Ana Regional Water Quality Control Board (SARWQCB), including, but not limited to, the Caltrans Statewide NPDES Permit (Order No. 99 -06 -DWQ, NPDES No. CAS000003), the Statewide General NPDES Permit for Construction Activities (Order No. 99 -08 -DWQ. NPDES No. CAS000002), and the Caltrans Storm Water Management Plan (May 2003), and any subsequent revisions and /or additional requirements at the time of construction. SECTION III STATE AGREES: 1. Upon proper application by CITY and by CITY's contractor, to issue, at no cost to CITY and CITY's contractor, the necessary encroachment permits for required work within the State highway right of way, as more specifically defined in Articles 2, 3, 4, 5, and 6 of Section III of this Agreement. 2. At no cost to CITY, to provide quality assurance activities, including a qualified representative of STATE who shall have authority to accept or reject work and materials or to order any actions needed for public safety or the preservation of property and to assure compliance with all provisions of the encroachment permit(s) issued to CITY and CITY' s contractor. 3. To provide, at CITY' s expense, any "State- furnished material" as shown on the plans for PROJECT and as provided in the Special Provisions for PROJECT. SECTION III IT IS MUTUALLY AGREED: 1. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature in the annual State Budget Act. 2. Construction by CITY of improvements referred to herein which lie within the State highway right of way or which affect STATE' s facilities, shall not be commenced until CITY's original contract plans involving such work and plan for utility relocations have been reviewed and accepted by signature of STATE's District Director of Transportation, or the District Director's delegated agent, and until an encroachment permit to CITY authorizing such work has been issued by STATE. 3. CITY shall obtain aforesaid encroachment permit through the office of STATE's District Permit Engineer and CITY's application shall be accompanied by five (5) sets of reduced construction plans of aforesaid STATE accepted contract plans, and five (5) sets of specifications for PROJECT. Receipt by CITY of the approved encroachment p ermit s hall c onstitute C ITY's a uthorization from STATE to proceed with work to be performed by CITY or CITY's representatives within the District proposed State highway right of way or which affects STATE's facilities, pursuant to 5 • District Agreement No12 -505 work covered by this Agreement. CITY's authorization to proceed with said work shall be contingent upon CITY's compliance with all provisions set forth in this Agreement and said encroachment permit. 4. CITY's construction contractor shall also be required to obtain an encroachment permit from STATE prior to commencing any work within the State highway right of way or which affects STATE's facilities. The application by CITY's construction contractor for said encroachment permit shall be made through the office of STATE's District Permit Engineer and shall include proof said contractor has payment and performance surety bonds covering construction of PROJECT. 5. CITY shall provide a right of way certification prior to the granting of said encroachment permit by STATE, to certify that legal and physical control of rights of way were acquired in accordance with applicable State and Federal laws and regulations. 6. CITY shall not advertise for bids for the contract to construct PROJECT until after an en- croachment permit has been issued to CITY by STATE. 7. C1TY's construction contractor shall maintain in force, until completion and acceptance of the construction contract for PROJECT, a policy of Contractual Liability Insurance, including coverage of Bodily Injury Liability and Property Damage Liability, in accordance with Section 7 -1.12 of STATE's Standard Specifications. Such policy shall contain an additional insured endorsement naming the State of California, its officers, agents, and employees as additional insureds. Coverage shall be evidenced by a Certificate of Insurance in a form satisfactory to STATE which shall be delivered to STATE before the issuance of an encroachment permit to CITY's construction contractor. 8. Prior to award of the construction contract for PROJECT, CITY may terminate this Agreement by written notice. 9. During the construction of PROJECT, representatives of CITY and STATE will cooperate and consult with each other, and all work pursuant to PROJECT shall be accomplished according to the approved plans, specifications, and STATE's applicable standards and practices. Satisfaction of these requirements shall be verified by STATE's representative. STATE's representative is authorized to enter CITY's property during construction for the purpose of monitoring and coordinating construction activities. 10. Changes to the plans and specifications for PROJECT shall be implemented by contract change orders reviewed and concurred with by STATE's representative. All changes affecting public safety or public convenience, all design and specification changes, and all major changes as defined in STATE's Construction Manual shall be approved by STATE in advance of performing the work. Unless otherwise directed by STATE's representative, changes authorized as provided herein will not require an encroachment permit rider. All changes shall be shown on the "As- Built" plans referred to in Article 13 of Section I of this Agreement. 11. CITY shall provide a construction contract claims process acceptable to STATE and shall process any and all claims through CITY's claim process. STATE's representative will be made available to CITY to provide advice and technical input in any claim process. 6 • District Agreement No12 -505 12. If any existing public and /or private utility facilities conflict with the construction of PROJECT or violate STATE's encroachment policy, CITY shall make all necessary arrangements with the owners of such facilities for their protection, relocation, or removal in accordance with STATE' s policy and procedure for those facilities located within the limits of work providing for the improvement to the State highway and in accordance with CITY' s policy for those facilities located outside of the limits of work for the improvement to the State highway. The cost of the protection, relocation, or removal shall be apportioned between the owner of the utility facility and CITY in accordance with STATE' s policy and procedure. CITY shall require any utility owner performing relocation work in the State highway right of way to obtain an encroachment permit from STATE prior to the performance of said relocation work. The requirements of the most current version of STATE's "Policy on High and Low Risk Underground Facilities Within Highway Rights of Way" shall be fully complied with. Any relocated or new facilities shall be correctly shown and identified on the "As- Built" plans referred to in Article 13 of Section I of this Agreement. 13. Any hazardous material or contamination of an HM -1 category found within the existing State highway right of way during construction requiring remedy or remedial action, as defined in Division 20, Chapter 6.8 et seq. of the Health and Safety Code, shall be the responsibility of STATE. Any hazardous material or contamination of an HM -1 category found within the local road right of way during construction requiring the same defined remedy or remedial action shall be the responsibility of CITY. For the purpose of the Agreement, hazardous material of HM -1 category is defined as that level or type of contamination which State or Federal regulatory control agencies having jurisdiction have determined must be remediated by reason of its mere discovery regardless of whether it is disturbed by PROJECT or not. STATE shall sign the HM -1 manifest and pay all costs for remedy or remedial action within the existing State highway right of way, except that if STATE determines, in its sole judgment, that STATE's cost for remedy or remedial action is increased as a result of proceeding with construction of PROJECT, that additional cost identified by STATE shall be borne by CITY. CITY shall sign the HM -1 manifest and pay all costs for required remedy or remedial action within the local road right of way. STATE will exert every effort to fund the remedy or remedial action for which STATE is responsible. In the event STATE is unable to provide funding, CITY will have the option to - either delay further construction of PROJECT until STATE is able to provide funding or CITY may proceed with the remedy or remedial action at CITY's expense without any subsequent reimbursement by STATE. 14. The remedy or remedial action with respect to any hazardous material or contamination of an HM -2 category found within and outside the existing State highway right of way during construction shall be the responsibility of CITY, at CITY's expense, as a result of proceeding with construction of PROJECT. For the purposes of this Agreement any hazardous material or contamination of HM -2 category is defined as that level or type of contamination which said regulatory control agencies would have allowed to remain in place if undisturbed or otherwise protected in place should PROJECT had not proceeded. CITY shall sign any HM -2 manifest if construction of PROJECT proceeds and HM -2 material must be removed in lieu of being treated in place. 7 • • District Agreement No12 -505 15. If hazardous material or contamination of either HM -1 or HM -2 category is found during construction on new right of way acquired by or on account of CITY for PROJECT, CITY shall be responsible, at CITY's expense, for all required remedy or remedial action and /or protection in the absence of a generator or prior property owner willing and prepared to perform that corrective work. 16. Locations subject to remedy or remedial action and /or protection include utility relocation work required for PROJECT. Costs for remedy and remedial action and /or protection shall include but not be limited to, the identification, treatment, protection, removal, packaging, transportation, storage, and disposal of such material. 17. The party responsible for funding any hazardous material cleanup shall be responsible for the development of the necessary remedy and /or remedial action plans and designs. Remedial actions proposed by CITY on the State highway right of way shall be pre - approved by STATE and shall be performed in accordance with STATE's standards and practices and those standards mandated by the Federal and State regulatory agencies. 18. Pursuant to the authority contained in Section 591 of the Vehicle code, STATE has determined that within such areas as are within the limits of PROJECT and are open to public traffic, CITY shall comply with all of the requirements set for in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CITY shall take all necessary precautions for safe operation of CITY's vehicles, the construction contractor's equipment and vehicles and /or vehicles of personnel retained by CITY, and for the protection of the traveling public from injury and damage from such vehicles or equipment. 19. Upon completion and acceptance of the construction contract for PROJECT by CITY to the satisfaction of STATE, STATE will accept control and maintain, at its own cost and expense, those portions of PROJECT lying within the State highway right of way. 20. Upon completion of all work under this Agreement, ownership and title to materials, equipment, and appurtenances installed within the State highway right of way will automatically be vested in STATE, and materials, equipment, and appurtenances installed outside of the State highway right of way will automatically be vested in CITY. No further agreement will be necessary to transfer ownership as herein before stated. 21. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the construction, operation, or maintenance of State highways and public facilities different from the standard of care imposed by law. 8 District Agreement No12 -505 22. Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code section 895.4, CITY shall fully defend, indemnify and save harmless STATE and all its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of in- jury (as defined in Government Code section 810.8) occurring by reason of anything done or omitted to be done by CITY in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 23. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code section 895.4, STATE shall fully defend, indemnify and save harmless CITY and all its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code section 810.8) occurring by reason of anything done or omitted to be done by STATE in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. 24. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 25. Those portions of this Agreement pertaining to the construction of PROJECT shall terminate upon completion and acceptance of the construction contract for PROJECT by CITY with concurrence of STATE, or on December 31, 2007, whichever is earlier in time. However, the ownership, operation, maintenance, indemnification, and claims clauses shall remain in effect until terminated or modified, in writing, by mutual agreement. 9 v District Agreement No12 -505 STATE OF CALIFORNIA CITY OF SEAL BEACH Department of Transportation /if I WILL KEMPTON /0 Director of Transportation By: ____, . i By: / / /--._ . Mayor .11 t IL uty District Director 'roject Delivery By: 0A / . L.. City Clerk APPROVED AS TO FORM AND PROCEDURE: 1 APPROVED AS TO FORM: Attorney, Department of Transportation By: L/ ttorney, City of Seal Beach CERTIFIED AS TO FINANCIAL TERMS CONDITIONS: BY: .10 / , . . . ..„ unting A '' in stra r r CERTIFIED AS TO FUNDS: A / , By: //, ., ,/ 51_," ):_,I 11`'s ric'Budget anager 10 • RESOLUTION NUMBER 5345 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AUTHORIZING THE EXECUTION OF A COOPERATIVE AGREEMENT FOR CONSTRUCTION WITH THE CALIFORNIA STATE DEPARTMENT OF TRANSPORTATION (CALTRANS) WHEREAS, The Public Works Department of the City of Seal Beach desires State Highway Improvements within the City of Seal Beach, County of Orange; and WHEREAS, The City desires to construct certain improvements for the Seal Beach Boulevard and Interstate 405 ramps areas; and WHEREAS, State and City, pursuant to Streets and Highways Code Section 130, are authorized to enter into a Cooperative Agreement for construction on State Highways within the City of Seal Beach, County of Orange. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION I. Authorization. Authorizes the City Manager to execute a Cooperative Agreement for Construction with the California State Department of Transportation (Caltrans) for the State Highway Improvements within the City of Seal Beach, County of Orange for certain improvements to the Seal Beach Boulevard and Interstate 405 ramp areas. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the 13th day of June ,2005 by the following vote: AYES: Council members ,A, •Jl Ai, ,% FA ./ A, Lai NOES: Council members-/� ABSENT: Council members /� '�" " "• • Soish Mayor ATTEST: SEA( g �, _ OF f1 � 4 c%P°14,"•Fq \ Ci y Clerk O' \y ' Jam; ;Z-% lc); STATE OF CALIFORNIA ) 'S�'Gi•.'•, . ..;•s/O: COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing resolution is an original copy of Resolution Number 5345 on file in the Office of the City Clerk, passed, approved and adopted by the City Council of the City of Seal Beach at a meeting thereof held on the 13th day of June , 2005. City Clerk